If the investigation produces evidence that the vulnerable adult has been abused, neglected, or exploited, and protective services are not in place, the Department shall pursue available protective services. (b) Consent to services. (1) Protective services shall be provided only with the consent of the vulnerable adult; the vulnerable adult’s guardian, agent under power of attorney, or agent under advance directive; or through appropriate court action. If the vulnerable adult does not consent, protective services shall not be provided, unless provision of protective services is court ordered. (2)(A) In the event that the vulnerable adult’s guardian is the person responsible for the abuse, neglect, or exploitation, and the guardian refuses consent to the investigation or the alleged victim’s protective services, the investigator may seek review of the guardian’s refusal by filing a motion with the Probate Division of the Superior Court pursuant 14 V.S.A. § 3062(c). (B) In the event that the vulnerable adult’s agent under power of attorney is the person responsible for the abuse, neglect, or exploitation, and the agent refuses to rt pursuant 14 V.S.A. § 3062(c). (B) In the event that the vulnerable adult’s agent under power of attorney is the person responsible for the abuse, neglect, or exploitation, and the agent refuses to consent to the investigation or the alleged victim’s protective services, the investigator may seek review of the agent’s refusal by filing a petition in Superior Court pursuant to 14 V.S.A. § 4016.(C) In the event that the vulnerable adult’s agent under advance directive is the person responsible for the abuse, neglect, or exploitation, and the agent does not consent to the investigation or the receipt of protective services, the investigator may file a petition in Probate Court pursuant to 18 V.S.A. § 9718 to seek review under subdivision (b)(3) of that section as to whether the refusal is consistent with the authority granted to the agent in the advance directive. (3) Failure to consent to protective services, either by the vulnerable adult or the vulnerable adult’s guardian, agent under power of attorney, or agent under advance directive shall not automatically end an investigation of an alleged perpetrator. (Added 1985, No. 78, § 7; amended 2001, No. 135 (Adj. Sess.), § 6, eff. der power of attorney, or agent under advance directive shall not automatically end an investigation of an alleged perpetrator. (Added 1985, No. 78, § 7; amended 2001, No. 135 (Adj. Sess.), § 6, eff. June 13, 2002; 2023, No. 81, § 1, eff. July 1, 2023; 2023, No. 85 (Adj. Sess.), § 476, eff. July 1, 2024.)
Vermont Legal Code